PURPOSE. To prescribe the procedures for transfer of Federal-aid
highway funds under sections 104(c) and (d) and for transfer of Highway Safety
funds under section 104(g) of title 23 U.S.C.

AUTHORITY

Section 104(c)(1), title 23 U.S.C., permits transfer between consolidated
primary and rural secondary funds apportioned for the same fiscal year in
accordance with 23 U.S.C. 104(b)(1) and (2) when such transfer is requested
by the State highway agency and is approved by the Governor of such State
and the Federal Highway Administration (FHWA) as being in the public interest.

Section 104(c)(2), title 23, U.S.C., permits transfer between consolidated
primary and urban system funds apportioned for the same fiscal year in acccordance
with 23 U.S.C. 104(b)(1) and (6) when such transfer is requested by the State
highway agency and is approved by the Governorof such State and the FHWA as
being in the public interest.

Section 104(g), title 23, U.S.C., permits transfer between funds apportioned
for the samefiscal year in accordance with 23 U.S.C. 130, Railway-Highway
Crossings; 144, Highway Bridge Replacement, and Rehabilitation Program; and
152, Hazard Elimination Program when such transfer is requested by the State
highway agency and approved by the FHWA as being in the public interest.

LEGISLATED REQUIREMENTS

Total transfers between apportionments made under 23 U.S.C. 104(b)(1)
and (2) and between apportionments made under 23 U.S.C.104(b)(1) and (6) for
any fiscal year shall not increase or decrease the original apportionment
by more than 50 per centum.

For funds apportioned under 23 U.S.C. 104(b)(1), (2) and (6), no transfer
shall be made decreasing an apportionment in any fiscal year if a transfer
has already been made to increase it. Likewise, no transfer shall be made
to increase an apportionment in any fiscal year if a transfer has already
been made to decrease it.

Requests for transfer of funds apportioned in accordance with 23 U.S.C.
104(b)(6) and allocated to any urbanized area with a population of 200,000
or more under 23 U.S.C. 150 shall also be approved by the local officials
of such urbanized area.

Not more than 40 per centum of the funds apportioned in any fiscal year
to each State in accordance with 23 U.S.C. 130, 144, and 152 may be transferred
from the apportionment under one section to the apportionment under any other
section is such a transfer is requested by the State highway department and
is approved by FHWA as being in the public interest.

To comply with the provisions of 23 U.S.C. 130(e), not more than 50 percent
of the amount eligible to be transferred from theRailway-Highway Crossings
apportionment under 23 U.S.C. 130 may be transferred from the half of the
apportionment reserved for installation of protective devices.

One hundred per centum of the funds apportioned in any fiscal year to
each State under 23 U.S.C. 130, 144, or 152 may be transferred from one apportionment
to any other such appor tionment if the transfer is requested by the State
highway agency and is approved by the FHWA as being in the public interest,
if the FHWA has received satisfactory assurances from such State highway agency
that the purposes of the program from which such funds are to be transferred have been met.

OTHER CONSIDERATIONS

Funds transferred to any apportionment are to be expended under the provisions
of law governing the expenditure of the apportionment to which the transfer is made.

Funds obligated are not eligible for transfer.

Transfers may be approved only between funds apportioned for the same fiscal year.

"Local officials of such urbanized area" as referred to in
paragraph 3f, means the principal elected officials of general purpose local
governments acting through the metropolitan planning organization (MPO) designated
by the Governor in accordance with 23 CFR 450, Subpart A.

Transfers to the Rail-Highway Crossings apportionment may be used for
either protective devices or the elimination of other hazards. The amount
transferred should be added to appro priation code 138, Rail-Highway Crossings-Elimination of Hazards.

SUBMISSION OF DOCUMENTS. The State's request for transfer of funds
should be addressed to the FHWA Division Administrator and forwarded to the
Regional Administrator with the Division Administrator's rec ommendation for
approval or disapproval.

REGIONAL OFFICE ACTION. Regional Administrators will consider all
requests and advise the State highway agency through the Division Administrator
of their approval or disapproval. For approved requests Regional Administrators
will also advise the Washington Headquarters Office of Fiscal Services, Program
Analysis Division (HFS-30) of:

the State involved;

the urbanized area of 200,000 or more population concerned if the transfer
involves an allocatio nof attributable urban system funds;